AN ACT

RELATING TO EDUCATION; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Education Appropriation Act of 1999".

Section 2. DEFINITIONS.--As used in the Education Appropriation Act of 1999:

A. "agency" means an office, department, agency, institution, board, bureau, commission, court, district attorney, council or committee of state government;

B. "expenditures" means costs, expenses, encumbrances and other financing uses, other than refunds authorized by law, recognized in accordance with generally accepted accounting principles for the legally authorized budget amounts and budget period;

C. "federal funds" means any payments by the United States government to state government or agencies except those payments made in accordance with the federal Mineral Lands Leasing Act;

D. "full-time equivalent" or "FTE" means one or more authorized positions that together receive compensation for not more than two thousand ninety-six hours worked in fiscal year 2000. The calculation of hours worked includes compensated absences but does not include overtime, compensatory time or sick leave paid pursuant to Section 10-7-10 NMSA 1978;

E. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts, but excludes the general fund operating reserve, the appropriation contingency fund and the risk reserve;

F. "interagency transfers" means revenue, other than internal service funds, legally transferred from one agency to another;

G. "internal service funds" means:

(1) revenue transferred to an agency for the financing of goods or services to another agency on a cost-reimbursement basis; and

(2) unencumbered balances in agency internal service fund accounts appropriated by the Education Appropriation Act of 1999;

H. "other state funds" means:

(1) unencumbered, nonreverting balances in agency accounts, other than in internal service funds accounts, appropriated by the Education Appropriation Act of 1999;

(2) all revenue available to agencies from sources other than the general fund, internal service funds, interagency transfers and federal funds; and

(3) all revenue, the use of which is restricted by statute or agreement;

I. "revenue" means all money received by an agency from sources external to that agency, net of refunds and other correcting transactions, other than from issue of debt, liquidation of investments or as agent or trustee for other governmental entities or private persons; and

J. "unforeseen federal funds" means a source of federal funds or an increased amount of federal funds that could not have been reasonably anticipated or known during the first session of the forty-fourth legislature and, therefore, could not have been requested by an agency or appropriated by the legislature.

Section 3. GENERAL PROVISIONS.--

A. Amounts set out under column headings are expressed in thousands of dollars.

B. Amounts set out under column headings are appropriated from the source indicated by the column heading. All amounts set out under the column heading "Internal Service Funds/Interagency Transfers" indicate an intergovernmental transfer and do not represent a portion of total state government appropriations. All information designated as "Totals" or "Subtotals" are provided for information and are not appropriations.

C. Amounts set out in Section 4 of the Education Appropriation Act of 1999, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 2000 for the objects expressed.

D. Unencumbered balances in agency accounts remaining at the end of fiscal year 1999 shall revert to the general fund by October 1, 1999, unless otherwise indicated in the Education Appropriation Act of 1999 or otherwise provided by law.

E. Unencumbered balances in agency accounts remaining at the end of fiscal year 2000 shall revert to the general fund by October 1, 2000, unless otherwise indicated in the Education Appropriation Act of 1999 or otherwise provided by law.

F. The state budget division shall monitor revenue received by agencies from sources other than the general fund and shall reduce the operating budget of any agency whose revenue from such sources is not meeting projections. The state budget division shall notify the legislative finance committee of any operating budget reduced pursuant to this subsection.

G. Except as otherwise specifically stated in the Education Appropriation Act of 1999, appropriations are made in that act for the expenditures of agencies and for other purposes as required by existing law for fiscal year 2000. If any other act of the first session of the forty-fourth legislature changes existing law with regard to the name or responsibilities of an agency or the name or purpose of a fund or distribution, the appropriation made in the Education Appropriation Act of 1999 shall be transferred from the agency, fund or distribution to which an appropriation has been made as required by existing law to the appropriate agency, fund or distribution provided by the new law.

H. Pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, agencies whose revenue from unforeseen federal funds, from state board of finance loans, from revenue appropriated by other acts of

the legislature, or from gifts, donations, bequests, insurance settlements, refunds, or payments into revolving funds exceed specifically appropriated amounts may request budget increases from the state budget division. If approved by the state budget division, such money is appropriated. In approving a budget increase from unforeseen federal funds, the director of the state budget division shall advise the legislative finance committee as to the source of the federal funds and the source and amount of any matching funds required.

I. For fiscal year 2000, the number of permanent and term full-time equivalent positions specified for each agency shows the maximum number of employees intended by the legislature for that agency, unless another provision of the Education Appropriation Act of 1999 or another act of the first session of the forty-fourth legislature provides for additional employees.

J. Except for gasoline credit cards used solely for operation of official vehicles and telephone credit cards used solely for official business, none of the appropriations contained in the Education Appropriation Act of 1999 may be expended for payment of credit card invoices.

K. To prevent unnecessary spending, expenditures from the Education Appropriation Act of 1999 for gasoline for state-owned vehicles at public gasoline service stations shall be made only for self-service gasoline; provided that a state agency head may provide exceptions from the requirement to accommodate disabled persons or for other reasons the public interest may require.

L. When approving operating budgets based on appropriations in the Education Appropriation Act of 1999, the state budget division is specifically authorized to approve only those budgets that are in accordance with generally accepted accounting principles for the purpose of properly classifying other financing sources and uses, including interfund, intrafund and interagency transfers.

Section 4. APPROPRIATIONS.--The appropriation for public school support in fiscal year 2000 shall be:

PUBLIC SCHOOL SUPPORT:

(1) State equalization guarantee

distribution: 1,433,571.2 2,000.0 1,435,571.2

(2) Transportation distribution:

(a) Operations 73,539.5 73,539.5

(b) School-owned bus replacements 3,203.8 3,203.8

(3) Supplemental distributions:

(a) Out-of-state tuition 475.0 475.0

(b) Emergency supplemental 850.0 850.0

The rate of distribution of the state equalization guarantee distribution shall be based on a program

unit value determined by the superintendent of public instruction. The superintendent of public

instruction shall establish a preliminary unit value to establish tentative budgets for the 1999-2000

school year; and then upon completion of final budgets or verification of the number of units statewide

for fiscal year 2000, but no later than January 31, the superintendent of public instruction may adjust

the program unit value.

Included in the state equalization guarantee distribution is five million dollars ($5,000,000) for

the purpose of funding additional program units to implement early literacy programs. The state department of public education shall distribute funds, upon program approval, to school districts that develop literacy programs to meet literacy needs of children kindergarten through grade three. These programs shall include intensive literacy programs for students in kindergarten through grade three to ensure that all children are reading by the time they complete grade three. The department shall report to the legislative education study committee and the legislative finance committee on program implementation by November 1999.

By July 1, 1999, the department shall develop an approval process for literacy programs, disseminate instructions for that process to all school districts and provide technical assistance in developing proposals. For the purposes of the distribution for early literacy education the number of early literacy education program units is determined by multiplying the number of children in programs for kindergarten through grade three by the school district's at-risk index multiplied by .279. The department shall define approval criteria, establish content standards and benchmarks that ensure students' progress and provide accountability to the public. The department shall monitor early literacy programs, ensure that they serve the children most in need based upon age-appropriate assessments, compile the program results submitted by the school districts and make an annual report to the legislative education study committee. If the department determines that a program is not meeting the benchmarks necessary to ensure the progress of students in the program, the department shall notify the district that failure of the program to meet the benchmarks within sixty days will result in the cessation of funding for the program. Also included in the state equalization guarantee distribution is one million one hundred forty-three thousand four hundred dollars ($1,143,400) for the purpose of funding a statewide early childhood program modeled after the even-start program.

The appropriation for the state equalization guarantee contains sufficient funds to provide a statewide average six and one quarter percent salary increase for teachers and a statewide average five and one quarter percent salary increase for other certified and non-certified staff including transportation employees.

The general fund appropriation for the state equalization guarantee includes five hundred thousand dollars ($500,000) to increase the number of program units for those school districts who have employed teachers certified by the national board for professional teaching standards. The appropriation is contingent upon House Bill 115 or Senate Bill 158 of the first session of the forty-fourth legislature becoming law.

The general fund appropriation for the state equalization guarantee distribution includes thirteen million one hundred ninety-five thousand six hundred dollars ($13,195,600) to reflect the deduction of seventy-five percent of eligible local and federal revenues as defined in Subsections B and C of Section 22-8-25 NMSA 1978, and is contingent upon legislation of the first session of the forty-fourth legislature becoming law that reduces the percentage of receipts in calculating local and federal revenues; provided that if the reduced percentage is other than seventy-five percent, the state equalization guarantee distribution shall be adjusted accordingly.

The general fund appropriation for the state equalization guarantee distribution reflects the

deduction of federal revenues pursuant to Paragraph (2) of Subsection C of Section 22-8-25 NMSA 1978 that

includes payments commonly known as "impact aid funds" pursuant to 20 USCA 7701 et seq., formerly known

as "PL874 funds".

The general fund appropriation to the public school fund shall be reduced by the amounts transferred

to the public school fund from the current school fund and from the federal Mineral Lands Leasing Act

receipts otherwise unappropriated.

Any unexpended or unencumbered balance in the distributions authorized remaining at the end of

fiscal year 2000 from appropriations made from the general fund shall revert to the general fund.

Subtotal 1,526,371.0

INSTRUCTIONAL MATERIAL FUND: 30,981.9 30,981.9

The appropriation to the instructional material fund is made from the federal Minerals Lands Leasing Act

receipts.

EDUCATIONAL TECHNOLOGY FUND: 5,000.0 5,000.0

INCENTIVES FOR SCHOOL IMPROVEMENT FUND: 1,900.0 1,900.0

FEDERAL FLOW THRU: 238,280.0 238,280.0

TOTAL PUBLIC SCHOOL SUPPORT 1,562,252.9 2,000.0 238,280.0 1,802,532.9

STATE DEPARTMENT OF PUBLIC EDUCATION:

(a) Personal services 5,613.2 99.5 32.4 3,089.6 8,834.7

(b) Employee benefits 1,563.8 25.6 8.5 857.4 2,455.3

(d) Maintenance and repairs 31.3 .3 .1 23.9 55.6

(e) Supplies and materials 54.6 124.1 30.7 168.4 377.8

(f) Contractual services 275.4 161.6 1,265.3 1,702.3

(g) Operating costs 377.8 16.3 3.7 708.1 1,105.9

(h) Other costs 2,427.6 168.2 2,595.8

(i) Capital outlay 86.0 2.4 170.2 258.6

(j) Out-of-state travel 13.5 2.1 1.2 81.2 98.0

(k) Other financing uses 2.6 .1 152.4 155.1

Authorized FTE: 172.00 Permanent; 70.00 Term; .20 Temporary

Two hundred sixty-two thousand eight hundred dollars ($262,800) of the general fund appropriations to the

state department of public education are from Federal Mineral Lands Leasing Act receipts.

Unexpended or unencumbered balances in the state department of public education remaining at the end

of fiscal year 2000 from appropriations made from the general fund shall not revert.

Subtotal 18,108.0

APPRENTICESHIP ASSISTANCE: 500.0 500.0

ADULT BASIC EDUCATION: 4,700.0 2,254.7 6,954.7

REGIONAL EDUCATION COOPERATIVES:

(a) Central: 1,619.3 1,791.5 3,410.8

(b) High plains: 2,000.0 3,457.0 5,457.0

Subtotal 11,835.7

STATE DEPARTMENT OF PUBLIC EDUCATION SPECIAL

APPROPRIATIONS:

(a) Advanced placement 400.0 400.0

(b) Dropout prevention 700.0 700.0

skills program-teen parents 500.0 500.0

(d) Career education opportunity

program 500.0 500.0

(e) Dual language immersion

initiative 200.0 200.0

(f) Student assessment and

testing 1,433.0 1,433.0

(g) Re: learning 1,000.0 1,000.0

Subtotal 4,733.0

DEPARTMENT OF FINANCE AND

ADMINISTRATION:

(a) Student Alternative Act 2,500.0 2,500.0

The general fund appropriation of two million five hundred thousand dollars ($2,500,000) for the Student

Alternative Act is contingent upon Senate Bill 173 of the first session of the forty-fourth legislature

becoming law.

The appropriation of five hundred thousand dollars ($500,000) for the career education opportunity program shall be used as maintenance of effort for the federal Carl Perkins Act.

The general fund appropriation of seven hundred thousand dollars ($700,000) for the dropout prevention program is for the purpose of contracting with a private nonprofit organization to establish dropout prevention programs for at-risk students from Valley, Los Lunas, Rio Grande and West Mesa high schools and Santa Fe Indian school in Bernalillo, Santa Fe and Valencia counties.

Included in the general fund appropriation for student assessment and testing is one hundred thousand dollars ($100,000) for curriculum analysis of test results to be provided to all teachers in grades three through nine.

TOTAL 20,635.6 4,276.7 2,513.6 17,205.5 44,631.4

GRAND TOTAL 1,582,888.5 6,276.7 2,513.6 255,485.5 1,847,164.3

Section 5. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.=====================================

SFCS/S 3, aa -- Page 9